Karnataka Court May 2009 Judgments

B.A. Pillappa, Vs. State by Madiwala Police

Court: Karnataka

ORDERL. Narayana Swamy, J.1. Complaint has been lodged on. 28 March 2009 alleging that the petitioners 1 to 4 have taken the complainants by force and kept them in their wrongful custody and thereafter on the next day the complainants were forced to register the documents in their favour. According to the complainants, the said action was committed on 20 March 2009 and the complaint was lodged on 28th March 2009 and the FIR was filed before the Court on 29 March 2009. The police have registered the complaint on the basis of the complaint of Smt. Varalaxmi, W/o. Krishna, for the offences punishable under Section 365, 506B and 342 read with Section 34 of the IPC.2. The learned counsel appearing for the petitioners submitted that the 1st petitioner is working as a teacher in the Government School, 2nd petitioner is his wife and petitioner No. 3 is running a fair price shop at Garvebhavi Palya and the 4th petitioner is assisting his elder brothers and further it is submitted that the total...

The Corporation Bank a Body Corporate Constituted Under the Banking Co ...

Court: Karnataka

ORDERA.N. Venugopala Gowda, J.1. Petitioner is the defendant and the respondents are the plaintiffs in O.S.21/2009 on the file of the Civil Judge (Sr.Dn.,) at Soraba.2. Petitioner has its branch at Udri in Soraba Taluk, Shimoga District, which has been housed in the premises of one B.S. Lingaraju. The petitioner has been carrying on business in the premises of said B.S. Lingaraju for the past about 23 years. It is stated that, the premises is in a dilapidated condition and the petitioner is not in a position to carry on its business in the same premises and has been finding difficulties to safeguard the securities relating to the transactions of its customers of the branch. It is stated that the customers of the petitioner's branch have also complained of inconveniences being caused due to the dilapidated condition of the premises and the petitioner apprehends that the premises may collapse at any time and that it has become impossible for it to carry on business of the said branch in ...

Wipro Limited Infotech Group Represented by Its Regional Finance Manag ...

Court: Karnataka

Reported in: (2009)25VST1(Karn)

ORDERRam Mohan Reddy, J.1. The petitioner a public limited company incorporated under the Companies Act, 1956 and a registered dealer since 1981 engaged, inter alia, in the manufacture and marketing of computer hardware and software, received a purchase, order stipulating 'all inclusive' price from customers in relation to the products dealt with by it, during the assessment year 2001-02, whence invoices were raised using 'Symix Accounting System' developed by Symix India Corporation Limited, though incorporated a particular code to calculate the tax at the applicable rate, after apportioning the basic price nevertheless the rate of tax was calculated at 4% instead of 2%, by mistake, and that in the return for the year 2001-02, Rs. 4,20,77,954 was declared as 'CST Collected', are the statement of facts in the petition.2. The Deputy Commissioner of Commercial Taxes(Transition-I), Mysore, the Assessing Authority issued a penalty notice dated 23.5.2005 pointing out that the petitioner-Ass...

Shivappa Gowda S/O. Basavaraja Naik Vs. the State of Karnataka by Stat ...

Court: Karnataka

ORDERL. Narayana Swamy, J.1. A complaint has been lodged by the brother of the deceased. Hence, a case in Crime No. 3/2009 has been registered for an offence punishable, Under Section 498A, 304B and 306 r/w. 34 IPC. The petitioner submits that he is the only son to his parents and he has got duty to look after them. He further submits that he had married the deceased about 6 years ago and he has got. two children and since from the date of marriage, he was leading happy life with his wife. However, for the reasons unknown, his wife has committed suicide by consuming poison on 12.1.2009 as a result, she died on 13.1.2009. The prosecution has completed the investigation and there is no scope for any tampering of evidence by the petitioner. Hence, he prays for enlarging him on bail.2. The learned Prosecutor submitted that within 7 years of marriage, death has taken place and that too the deceased died in the residence of petitioner for which, the husband owes duty to reveal the cause of d...

Mahaveer Textiles Agencies by Mohanlal Phokarchand Bhansali Also by Hi ...

Court: Karnataka

ORDERA.N. Venugopala Gowda, J.1. Petitioners are the plaintiffs in Vacation O.S. Nos. 1 and 2 of 2009 on the file of the Vacation District Court, Dharwad. Respondents are the defendants in the said suits. The grievance of the petitioners in these writ petitions, is against the order dated 29.4.2009 passed in the said suits, whereby the Court below declined to dispense with notice and has issued suit summons and notice on I.A. No. 2 against defendants 1 to 4 on emergent basis, returnable by 6.5.2009.2. Basic facts of the case is that, the petitioners have suffered an ejectment decree dated 7.11.2009 in O.S. 193/2004 in respect of the suit schedule premises. They have questioned the said decree in R.A. Nos. 151 and 1S2 of 2007 on the file of the Principal Civil Judge (Sr.Dn.,), Hubli. The said appeals were filed on 30.11.2007. After notice, by an order dated 10.1.2008, an interim order of stay of the operation of the impugned Judgment and Decree of the lower Court was granted till the di...

Tejas Kumar D. S/O. Dugalappa Vs. State by Vijayanagar Police Represen ...

Court: Karnataka

ORDERK.N. Keshavanarayana, J.1. In this petition filed under Section 439 Cr.P.C, the petitioner who has been arraigned as Accused No. 2 in Crime No. 386 of 2008 of Vijayanagar Police (C.C. No. 20389 of 2008 on the file of the on the file of the IV Additional Chief Metropolitan Magistrate, Bangalore City, for the offence punishable under Sections 143, 144, 147, 148, 302 r/w. Section 149 I.P.C., has sought for an order for his enlargement on bail.2. According to the prosecution case, the said case was registered for the offence punishable under Section 302 r/w. Section 34 of IPC based on the complaint said to have been lodged by one Vishnu, S/o. H.P. Venkatappa at about 10.30. p.m. on 03.08.2008. Even according to the complaint allegations, the complainant was not an eyewitness to the alleged murder. According to him, he came to know about the incident through phone from one of his relative Raghu and immediately he came to the scene of occrrence and saw his brother-in-law Karinarasimha l...

Sri H.D. Revanna S/O H.D. Deve Gowda Milk Producers Co-operative Socie ...

Court: Karnataka

1. The appellants have challenged in this appeal the order passed by the learned Single Judge on 18th March 2009 up holding the notification issued by the State Government postponing the elections to the Co-operative Societies and also against the directions issued in this regard by the learned Single Judge,2. The main grievance of the appellants was that mere issue of calendar of events for the Lok Sabha Elections cannot be a ground to postpone the elections to the Co-operative Societies which was in fact much earlier to the calendar of events of Lok Sabha However, the learned Single Judge has up held the notification issued by the State Government postponing the elections.3. As there was no interim order granted by this Court, the said order postponing the elections is in full force and no elections are conducted till today. However, the Lok Sabha Elections are over in so far as the State is concerned and the code of conduct expires on 16th May, 2009. Therefore, as held by the learne...

R.V. Vijayakumar @ Pappa S/O. R.K. Balan Now in Judicial Custody Vs. S ...

Court: Karnataka

ORDERK.N. Keshavanarayana, J.1. The petitioner has been arraigned as Accused No. 13 in Crime No. 72/09 of Banaswadi Police Station. The said case has been registered for the offences punishable under Sections 143, 144, 147, 148, 307 r/w. 149 of I.P.C., on the basis of the complaint said to have been lodged by one Mr. Kumar, s/o. Kannan on 07.02.2009 alleging that when the complainant along with his elder brother Vejayudham and mother were talking by standing in front of their house in Satya Nagar Main Road, all the accused persons came there in a group armed with deadly weapons and committed acts of assault on him and his elder brother and when his nephews by name Satish, Prakash and Prabhu came there after healing cries, they were also assaulted by the members of the group and as a result of the assault, all of them sustained grievous and simple injuries.2. During investigation the petitioner was arrested and was subjected to judicial custody. His application for bail filed before the...

Rajanna S/O. Bangooraiah, Vs. Police Inspector and Station House Offic ...

Court: Karnataka

K.N. Keshavanarayana, J.1. In this petition filed under Section 438 Cr.P.C., the 1st petitioner has sought for anticipatory bail apprehending his arrest by Lokayukta Police in connection with Crime No. 6 of 2009. The petition in respect of petitioners 2 and 3 has been dismissed as not pressed.2. On the complaint said to have been lodged by one Ravi Kumar, the Lokayuktha police, Mysore, registered the aforesaid case against the officials of Lashkar Police Station, Mysore, and thereafter conducted a trap, in which, one Police Constable attached to the said police station by name Basavaraj and his friend Chandrashekar were trapped and they were caught red-handed while accepting the bribe money from the complainant and immediately both of them were arrested. When they were produced before the Special Judge initially they were remanded to Judicial Custody, subsequently, they have been enlarged on bail by the Special Judge. On the basis of the certain allegations made in the complaint agains...

Sayyad Shahalipasha S/O Sayyad Ahmad Pasha Bashiban Inamdar Vs. Sayyad ...

Court: Karnataka

ORDERN. Kumar, J.1. This revision petition is preferred by the petitioner challenging the order passed by II Addl. Civil Judge (Jr.Dn) & JMFC, Belgaum, issuing arrest warrant to him and to another, to detain in civil prison for a period of two months, if subsistence allowance paid by Decree Holders.2. Respondents-1 and 2 filed a suit in O.S. No. 871/88 for a decree of permanent injunction restraining the petitioner and the third respondent from alienating, leasing or creating any charge over the trust property bearing CTS No. 3294 and for directions to the third respondent to remove the erected structure in the portion of the trust property. The suit was decreed after contest en 25.07.1995, The said judgment and decree was challenged in RA 129/95, which appeal came to be dismissed affirming the judgment and decree of the trial Court, The said decree has become final. In spite of the said decree, the defendants-judgment debtors disobeyed the order of the mandatory injunction. Therefore,...